University of Colorado Regent Wanda James has filed a federal lawsuit challenging a censure issued by the Board of Regents after she criticized a public health campaign she said included racist imagery.
The lawsuit, filed by the law firm Newman McNulty, alleges the board violated James’ First Amendment right to free speech and her 14th Amendment right to equal protection.
The dispute stems from a University of Colorado Anschutz campaign known as “The Tea on THC,” which focused on the effects of high-potency marijuana. James, a congressional candidate and the first Black woman to own a cannabis dispensary in the United States, objected to images in the campaign that depicted Black or dark-skinned people alongside language linking marijuana use to laziness and poor academic performance.
The university removed the images shortly after concerns were raised. However, tensions escalated over how James publicly criticized the campaign.
In 2025, the Board of Regents voted 7-1 to censure James, with her abstaining. The censure allows her to continue attending and voting at board meetings but prohibits her from representing the board in other settings and removed her from committee assignments and leadership roles.
In her lawsuit, James argues those sanctions limit her ability to carry out the duties of her elected position.
“They stripped me of committee assignments, removed me from leadership responsibilities, and blocked me from fully carrying out the duties that the voters of CD1 elected me to perform,” James said in an interview.
University officials say the censure was not based on her criticism of the campaign itself, but on actions they say violated her responsibilities as a regent.
“Seven regents voted to censure and sanction Regent James because she violated her fiduciary responsibility to the university by attempting to have funding pulled for a public health campaign,” CU spokesperson Michele Ames said.
The university also points to statements and social media posts it says show James advocated for cutting funding tied to the campaign.
During a news conference Tuesday, James said she did not ask the governor to reduce funding, and that budget decisions referenced by the university were made before she saw the campaign.
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